10 U.S.C. § 3672 — Requirement of specific authorization by

Page 2520 TITLE 10—ARMED FORCES § 3672 Jan. 28, 2008, 122 Stat. 227; Pub. L. 112–239, div. A, title X, § 1076(f)(26), Jan. 2, 2013, 126 Stat. 1953. AMENDMENTS 2024—Subsec. (b)(5). Pub. L. 118–159 substituted ‘‘sub- section if funds’’ for ‘‘subsection if—(A) funds’’ and pe- riod for semicolon at end and struck out former sub- pars. (B) and (C) which read as follows: ‘‘(B) the Secretary of Defense submits to the congres- sional defense committees a certification that there is no alternative for meeting urgent operational require- ments other than making the contract; and ‘‘(C) a period of 30 days of continuous session of Con- gress has expired following the date on which the cer- tification was received by such committees.’’ 2021—Pub. L. 116–283, § 1825(b), transferred subsecs. (a) and (b) of section 2401 of this title to this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and com- bat vehicles (a) LIMITATION.—Funds may not be appro- priated for any fiscal year to or for any armed force or obligated or expended for— (1) the long-term lease or charter of any air- craft, naval vessel, or combat vehicle; or (2) for the lease or charter of any aircraft, naval vessel, or combat vehicle the terms of which provide for a substantial termination li- ability on the part of the United States, unless funds for that purpose have been specifi- cally authorized by law. (b) MATTER TO BE SUBMITTED TO CONGRESS.— (1) Whenever a request is submitted to Congress for the authorization of the long-term lease or charter of aircraft, naval vessels, or combat ve- hicles or for the authorization of a lease or char- ter of aircraft, naval vessels, or combat vehicles which provides for a substantial termination li- ability on the part of the United States, the Sec- retary of Defense shall submit with that request an analysis of the cost to the United States (in- cluding lost tax revenues) of any such lease or charter arrangement compared with the cost to the United States of direct procurement of the aircraft, naval vessels, or combat vehicles by the United States. (2) Any such analysis shall be reviewed and evaluated by the Director of the Office of Man- agement and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Con- gress. The Director and Secretary shall conduct such review and evaluation on the basis of the guidelines issued pursuant to section 3676 of this title and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days after the date on which the request and analysis are submitted to the Congress. (3) Whenever a request is submitted to Con- gress for the authorization of funds for the De- partment of Defense for the long-term lease or charter of aircraft, naval vessels, or combat ve- hicles authorized under this chapter, the Sec- retary of Defense— (A) shall indicate in the request what por- tion of the requested funds is attributable to capital-hire; and (B) shall reflect such portion in the appro- priate procurement account in the request. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (d), (e), Jan. 1, 2021, 134 Stat. 4206, 4207.) Editorial Notes CODIFICATION The text of par. (1) of subsec. (c) of section 2401 of this title, which was transferred to this section, redesig- nated as subsec. (a), and amended by Pub. L. 116–283, § 1825(d), was based on Pub. L. 98–94, title XII, § 1202(a)(1), Sept. 24, 1983, 97 Stat. 679; Pub. L. 98–525, title XII, § 1232(a)(1), Oct. 19, 1984, 98 Stat. 2600; Pub. L. 109–163, div. A, title VIII, § 815(a)(2), Jan. 6, 2006, 119 Stat. 3381. The text of subsec. (e) of section 2401 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116–283, § 1825(e), was based on Pub. L. 98–94, title XII, § 1202(a)(1), Sept. 24, 1983, 97 Stat. 679; Pub. L. 109–163, div. A, title VIII, § 815(a)(3), Jan. 6, 2006, 119 Stat. 3381; Pub. L. 116–92, div. A, title XVII, § 1731(a)(48), Dec. 20, 2019, 133 Stat. 1815. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1825(d), after trans- fer of par. (2) of section 2401(c) of this title to section 3673 of this title, redesignated remainder of subsec. (c) of section 2401 of this title as subsec. (a) of this section, inserted heading, struck out par. (1) designation before ‘‘Funds may not’’, and redesignated subpars. (A) and (B) of such former par. (1) as pars. (1) and (2), respec- tively. Subsec. (b). Pub. L. 116–283, § 1825(e), redesignated sub- sec. (e) of section 2401 of this title as subsec. (b) of this section, inserted heading, and substituted ‘‘section 3676 of this title’’ for ‘‘subsection (g)’’ in par. (2) and ‘‘this chapter’’ for ‘‘this section’’ in introductory provisions of par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3673. Limitation on indemnification Funds appropriated to the Department of De- fense may not be used to indemnify any person under the terms of a contract entered into under this chapter— (1) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1986; or (2) to pay any attorneys’ fees in connection with such contract. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (c), Jan. 1, 2021, 134 Stat. 4206.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in par. (1), is classified generally to Title 26, Internal Revenue Code.